Leave
v Annual leave
- An employee is entitled to annual leave only after 12 months of continuous service as follows:
1] Less than 2 years of service – 8 days for each year
2] 2 years or more but less than 5 years – 12 days for each year
3] More than 5 years – 16 days for each year
- The paid annual leave does not include public holidays.
- An employee must take his annual leave not later 12 months after the end of every 12 months of continuous service. If he fails to do so, his annual leave will be forfeited.
- The whole or part of the untaken annual leave may be substituted for payment at the request of the employer and with the written consent of the employee.
- An employee’s annual leave can be forfeited if he absents himself from work without permission, or without any reasonable excuse for more than 10% of the total number of working days during the twelve months of continuous service for which his entitlement is accrued.
- If an employee’s service is terminated (for reasons other than misconduct) or if he resigns by giving due notice, he is entitled to the ordinary rate of pay in lieu for the completed months of service.
- If an employee who is on annual leave falls sick, or is on maternity leave, the employee is entitled to sick leave or maternity leave as the case may be and the annual leave already taken by him/her becomes cancelled.
v Sick leave
- An employee is entitled to paid sick leave only under the following circumstances:
1. he has obtained a certificate from a registered medical practitioner duly appointed by his employer; or
2. he has obtained a certificate from a dental surgeon; or
3. if no such medical practitioner is appointed, or the services of such a practitioner are not obtainable within a reasonable time or distance, then other registered medical practitioners or government medical officers will be accepted; and
4. he has informed or has attempted to inform the employer of his sick leave within 48 hours of the commencement of the sickness.
- The number of days of paid sick leave which an employee is entitled to in each calendar year is as follows:
1] Less than 2 years – 14 days
2] 2 years but less than 5 years – 18 days
3] 5 years or more – 22 days
- If hospitalization is necessary, the amount of paid sick leave can be extended by up to 60 days per calendar year.
- If there is a company appointed doctor or panel of doctors, the employee should seek medical treatment from such doctors.
- However, in case of emergency (when the company appointed doctor is not readily available or the clinic is too far away) the employee can seek treatment from any registered medical practitioner. All such cases are to be decided depending upon the circumstances and nature of the illness or injury.
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Filed Under: Employment • Employment Act 1955
